Deflategate officially intruded upon Tom Brady’s 2015 season Tuesday, when the New England Patriots quarterback missed practice.
Brady and the NFL Players Association presumably were engaged in settlement talks with the NFL at U.S. District Court Judge Richard Berman’s behest while the rest of the Patriots held Day 11 of training camp practice. Quarterbacks Jimmy Garoppolo and Ryan Lindley shared reps during the session, putting Brady’s availability for Thursday night’s preseason opener against the Green Bay Packers in question.
Brady filed a petition against the NFL to appeal the four-game suspension that commissioner Roger Goodell upheld, and Berman wants the parties to find a middle ground before it officially goes to court. Brady, the NFLPA and the NFL will meet with Berman on Wednesday at 10:30 a.m. ET in New York for a settlement conference.
Each party will publicly make an opening statement before individually and jointly meeting with Berman in closed quarters. The parties will try to hash out their differences, and Berman will attempt to convince them to reach a settlement. NFL Media reported this portion of the day could last for hours.
Since the sides are so far apart — Brady is willing to settle for a fine, while the NFL seems intent to suspend the Patriots quarterback —Â it’s unlikely Berman will get his wish Wednesday.
If they don’t settle, the parties will file opposition briefs Friday and meet back in New York on Aug. 19, The Boston Globe’s Ben Volin reported. Berman has agreed to reach a verdict by Sept. 4, six days before the Patriots’ Week 1 opener against the Pittsburgh Steelers. The sides still could reach a settlement before that date.
Berman won’t decide whether Goodell’s punishment was just or if Brady was innocent or guilty, so arguments related to the Ideal Gas Law or even Ted Wells’ independence won’t hold much weight in court. Berman instead will decide if Brady’s discipline is within the constraints of the collective bargaining agreement. Brady and the NFLPA argue it wasn’t, saying he was suspended four games for an equipment violation, which usually is met with a fine, or for violating the “integrity of the game,” of which he was not aware. Brady is arguing he never was given notice he could be suspended for ball deflation.
Even when Berman decides, Deflategate still likely won’t be over. If the judge decides in favor of Brady, then the NFL could hold an arbitration hearing, as it did in the Adrian Peterson case. If Berman decides in favor of the NFL, then Brady could appeal further and ask the circuit court to stay, allowing him to play until it’s decided.
Everyone — maybe even Goodell at this point — wishes Deflategate would just go away, but it’s unlikely Brady and the NFL will do us all a favor by settling out of court so soon, which mean this story will keep growing new legs.
Thumbnail photo via Joe Camporeale/USA TODAY Sports Images
